Contract doctors - are eligible for maternity leave?

Establishments are covered by the Act: The Act applies to (1) every establishment being a factory, mine, plantation or circus; (2) every shop in which 10 or more persons are employed; (3) any other establishment to which the Act is applied by the State Government under the proviso to Section 2(1)

Note: (1) The Act applies to a factory, mine or plantation belonging to Government. (2) The Act does not apply to any factory or other establishment to which the provisions of the Employees' State Insurance Act apply. {Section 2}

Is there any justification for denying the benefits of the Maternity Benefit Act to women workers on the ground that they are not regular employees but they are on the muster roll?: The Supreme Court, in Municipal Corporation of Delhi v. Female workers (Muster Roll) & Anr. (2000 I C.I.R. 879) has said; "We have scanned the different provisions of the Act, but we do not find anything contained in the Act which entitles only regular woman employees to the benefit of maternity leave and not those who are engaged on casual basis or on muster roll on daily wage basis."

Dear Kumar,

Thanks for your information.

Regards,

Ravi Kumaar T

The contract employee if covered under the ESI act (Gross less than 10000) then you need to give her 6+6 weeks leave & 1 month leave if requested. The 12 weeks wages will be paid by the ESIC, if she is under Benefit period, the one month extended leave will be considered as LOP.

In case of exempted employee from ESI, worked more than 80days, she will be covered under the maternity benefit act and the principal employer has to provide the Leave wages + Medical Bonus of Rs.250/-( if your are not providing prenatal medical facility)

The Central Government vide notification No. S.O. 2016(E) dated 11th August, 2008 increased the amount of medical bonus from Rs. 1000/- to Rs. 2500/-. Further, vide notification No. S.O. 2016(E) dated 19th December, 2011, the amount of medical bonus has been increased from Rs. 2500/- to Rs. 3500/-.

Wage { “wages” as defined u/s 2(22) of the Act} ceiling for ESIC  Rs.15000/pm